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AVL Software End User License Agreement (EULA)

AVL Software EULA (End User License Agreement)

AVLDrive, AVLUpdate and AVLAdmin (AVLUtilities)

Version 1.0


1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work.

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

2. Agreement to Copyright License and All Its Terms. By using this Work, You agree to abide by all provisions in this license.  If You do not agree, do not use the Work.

3. Grant of Copyright License. Subject to the terms and conditions of this License, Licensor hereby grants to You a non-exclusive, no-charge, royalty-free, irrevocable copyright license to use the Work. In exchange, You will provide Your valid contact information, including first and last name, email address, phone number and street address.  Licensor will use Your information to contact you regarding changes in the Work and for related marketing purposes.

4. Redistribution. You may make multiple copies of the Work for Your usage on your computer(s).  You may not distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form.

5. Reverse Engineering and Derivative Works.  You may not reverse engineer the Work.  You may not make modifications or Derivative Works.

6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor.

7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Licensor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Licensor has been advised of the possibility of such damages.

9.   Miscellaneous.

                (a)   Governing Law. This Agreement shall be governed by and construed under the laws of the state of California.

                (b)    Attorney Fees and Venue.   In the event of any dispute over the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees and costs and the dispute shall be venued in Butte County, California.

                (c)    Severability.       In the event any provision of this Agreement is deemed to be invalid or unlawful, the remainder shall remain in full force and effect and binding upon the parties.

 I have read, understand and agree to the license terms for AVLDrive software.